A simply fascinating, dare I say brilliant, legal analysis. Available here.

The tragic deaths in Nebraska and Colorado involved high powered assault rifles. Apart from the controversy over Congress having let the assault weapons ban expire (which covered AK-47 rifles) one issue worth considering is whether strict liability (against the gun seller or owner) might prevent mass killings.

Vicarious liability assigning strict liability to the gun owner for firearms casualties that occur when a careless gun owner loses proper custody and control of his firearm might deter or reduce mass gun killings. In the Nebraska case the AK-47 was left by the owner in an unlocked closet.

The District of Columbia enacted the Assault Weapon Manufacturing Strict Liability Act of 1990. This statute provides that the manufacturer, importer, or dealer of an assault weapon can "be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death" resulting from a shooting in the District of Columbia. The statute applies to all semiautomatic firearms with a capacity of more than 12 rounds, as well as specific guns identified as assault weapons in the statute. The viability and constitutionality of this statute is being challenged by gun manufacturers.

Highly dangerous weapons should simply not fall into the hands of mentally ill or unstable individuals. Laws that imposed strict liability on careless owners or gun sellers in such settings should be passed at both the federal and state level.